Bonum Certa Men Certa

Did Microsoft Tell Novell What Software Patents It Supposedly Infringes?

Speak up, Novell

Software patents are insane. How insane? Totally. If you don't believe this, here are a couple of new examples:

1. Patent-pending spellcheck software?!

Patent-pending spellcheck software, that is?!

First of all, patenting software or any algorithm based on the idiotic claim that it's actually a "business concept, method and system" (if not even an "apparatus" when they forcefully include the computer in the patent claim) is theft. It's slavery. It'd dictatorship with the complicity of the USPTO.


2. Patent breach by 'virtually all websites'? Pay up, firm demands [Hat tip: gggggg]

A SINGAPORE firm has threatened to sue websites that use pictures or graphics to link to another page, claiming it owns the patent for a technology used by millions around the world.

In a move that has come under fire from the online community, VueStar Technologies has sent 'invoices' to local website operators asking for thousands of dollars in licensing fees.

The company, which said 'virtually all websites' are infringing on its patent, is also planning to take on giants like Mircosoft and Google.


Now that it's (hopefully) agreed that software patents are insane, let's consider the stance of a company whose chief once said: "[I]f people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today." Needless to mention, he had said this when he was locked outside a fence, before he engaged in sheer abuse and corruption to enter; then he decided to build imaginary fences (garden walls) for further protection. He soon became obsessed with them.

The following new article contains some bits of interest (highlighted in red) that reflect on Microsoft's existing policy.

Likewise, Microsoft promotes its efforts to sign cross-licensing deals, such as the one with Novell, as a way to encourage interoperability. But along with those pacts came Microsoft's threat of legal action against companies that don't have a deal in place. In 2007, Microsoft said that Linux infringes on 235 of its patents.

Open-source products are subject to patent litigation if they infringe on Microsoft patents, just as proprietary products face legal action for infringement, said Gutierrez. "There's no reason why the same laws of nature shouldn't apply to them as they apply to any other proprietary vendor," he said.

[...]

Curiously, Microsoft declines to specify which of its patents are relevant to Linux. "We do discuss the details of our technologies and patents with companies that are engaged in good-faith licensing dialog," said Gutierrez. "That's the proper context in which to have it, that's the way it's handled in the industry."

But others think there's probably another reason that Microsoft won't specify which of its patents are relevant. "As soon as you declare patents you believe are infringed, they become the subject of re-examination," Rosoff noted.

Rosoff doesn't think that Microsoft actually intends to sue anyone using Linux. "This is part of a campaign to cast uncertainty over the IP heritage of open-source software," he said.


According to this, Microsoft ought to have discussed details of the said software patents with Novell. Can Novell share the knowledge with the rest of the world? Or was it never discussed at all, in which case Microsoft is being dishonest?

Shouldn't Novell, as an almost 'free rider' in a world of Free software and a confessed betrayer of the GNU GPL, be obliged to turn transparent about this? Whose side is Novell on? It sure seems like Novell sidled with Microsoft, so it keeps silent in order to continue this "part of a campaign to cast uncertainty," if one was quoting from the article above. Who could blame Novell? It makes money out of "patent terrorism". It ought to be more than obvious that Novell sold out to Microsoft in a way much worse than Corel did.

MS Novell



Speaking of Corel, Rex Ballard had the following to say in response to my message last night (about Asustek's Linux-loaded motherboards):




"Don't underestimate Microsoft. They do have tactics, which they have been allowed to continue to use under the Bush administration, which makes it very hard for Linux to establish a strong foothold in the OEM distribution channel.

“...COREL offered a motherboard maker Linux licenses at 50 cents/board, and millions of these motherboards were ordered by OEMs and Kiosk dealers alike. The problem was that Microsoft's OEM license agreement forbade ANY interference with the Microsoft controlled boot sequence.”"This isn't the first time a motherboard maker has offered Linux as part of their package. The first time, that I can remember, was back in 1999, when COREL offered a motherboard maker Linux licenses at 50 cents/board, and millions of these motherboards were ordered by OEMs and Kiosk dealers alike. The problem was that Microsoft's OEM license agreement forbade ANY interference with the Microsoft controlled boot sequence. Furthermore, the OEM licenses were sold in bulk, which meant that selling a machine without Windows didn't save you any money. In fact, if you didn't meet your minimum commitment order, you could even LOSE money, since the discounts you received depended on your ability to honor a minimum commitment order, usually calculated to be far more licenses than you could actually sell with the machines.

"Since the licenses were non-transferable, the OEMs couldn't sell them to other OEMs or retailers. Since Microsoft maintained tight-fisted control over the configuration, the OEMs couldn't pre-install the Linux OS, and were even forbidden from enclosing the Linux distribution disk provided by the Board maker, as part of their configuration."




Consider this in light of what we wrote very recently about Microsoft's attack against Linux on motherboards. When Microsoft is unable to use its lawyers to forbid competition, it simply buys that competition. Novell used to be one of the leading players in the Linux world. So was Corel.

Comments

Recent Techrights' Posts

Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
 
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day